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senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w
, republican senators lindsey graham, kelly ayotte, congressman peter king a short time ago, issued a statement this morning asking for the suspect to be tried as an enemy combatant. they said, in part, "we do not want the suspect to remain silent." senator chambliss, vice chair of the subcommittee on violence said "i'm disappointed that it appears this administration is once again relying on miranda's public safety exception to gather intelligence which only allows, at best, a 48-hour waiting period that may expire since the suspect has been critically wounded." will there be a public outcry, ed o'keefe, about all that's given, the suspect is a natural citizen? >> with those five senators -- lawmakers, certainly the outcry could potentially be beginning. it's no surprise that that quintet, if you will, is calling for the administration to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice
president obama is calling it terror. lindsey graham sweet twooetieet telling him to remain silent. that would be the last thing. somehow terrorism makes it fine, right? >> we don't really know if this is terrorism. we don't know if there's political motivations. >> we don't know. we have to establish the definition of terror. everybody was terrorized. the political definition is something else. secondly, john ralston said imagine if you're the person subjected to the recriminations you want to put forth. be very careful if something happens in your family and your kid does something and your kid is on the terror list and the no-fly list, that's a different kettle of fish. it's unfamiliar evil versus familiar evil. when you made the point about we've incubated in our own culture a homegrown terrorist, that strikes terror at the heart of america. guess what? hey, ask the minority people, we're familiar with homegrown domestic terrorists. those ain't muslim, they're christian and twisting the cross and doing things. we have to be very careful about assuming that immediately this was
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